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Friday, January 13, 2023 1:30:23 PM
I don’t think what you just said made a lot of sense. It is the first filing date and the international or US patent, it’s basically the same date. The international patent is the US and everywhere else simultaneously.
Public disclosure, sale or offer to sell trigger a 12-month window to patent though, and so in that context you want to be very careful.
If you publish and have not filed, you run the risk of not being able to patent if you do not file quickly. Delaying filing is foolish in the sciences. But it is correct that you have in theory up to 1 year to file from invention. But if others know, you may blow the patent by not filing asap.
Technology is evolving rapidly, and often researchers are working on exactly the same things, even if it is cutting edge.
Now if you have some piece of machinery and believe no one else has something like it, maybe you delay though that 1 year period, if no one knows about and no one can possibly replicate your invention. But you run the risk of being part of the art and unpatentable.
If the patent office delays, particularly on drugs, the patent office can add on up to 5 years to the back end of a patent. That is probably the better way to go.
Public disclosure, sale or offer to sell trigger a 12-month window to patent though, and so in that context you want to be very careful.
If you publish and have not filed, you run the risk of not being able to patent if you do not file quickly. Delaying filing is foolish in the sciences. But it is correct that you have in theory up to 1 year to file from invention. But if others know, you may blow the patent by not filing asap.
Technology is evolving rapidly, and often researchers are working on exactly the same things, even if it is cutting edge.
Now if you have some piece of machinery and believe no one else has something like it, maybe you delay though that 1 year period, if no one knows about and no one can possibly replicate your invention. But you run the risk of being part of the art and unpatentable.
If the patent office delays, particularly on drugs, the patent office can add on up to 5 years to the back end of a patent. That is probably the better way to go.
I own NWBO. My posts on iHub are always posted expressly as just my humble opinion (IMHO) and none are advice, just my opinion. I am NOT a financial advisor, and it is assumed that everyone is responsible for their own due diligence.
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